Avisa Recovery

Avisa

Our Privacy Statement

Ensuring Data Security

Our Privacy Statement

This document outlines the regulations governing your utilization of Avisa Recovery’s websites and mobile applications affiliated with these guidelines (“Site”). Upon accessing or using the Site, you are signifying your agreement to these terms, forming a legally binding contract with Avisa Recovery, a corporation headquartered in Ocean County, New Jersey (“Avisa Recovery”). If you do not consent to these terms, refrain from accessing or using the Site.

1. Involved Parties

In this context, “You” and “your” pertain to your status as a Site user. A “user” refers to an individual accessing, browsing, crawling, scraping, or otherwise engaging with the Site. “We,” “us,” and “our” denote Avisa Recovery.

2. Content Description

The term “Content” encompasses text, images, photographs, audio, video, location data, and all other data or communications. “Your Content” pertains to the material you submit or transmit through the Site, such as reviews, ratings, messages, and information displayed publicly or on your account profile. “User Content” refers to the material users transmit through the Site. “Avisa Recovery Content” is Content produced by us for the Site. “Third Party Content” alludes to Content sourced from entities other than Avisa Recovery or its users, presented through the Site. “Site Content” covers all Content accessible through the Site, including Your Content, User Content, Third Party Content, and Avisa Recovery Content.

3. Modifications to Terms

The Terms may undergo revisions periodically. The latest version of these Terms will be accessible here. Your use of or access to the Site is bound by the Terms effective during your interaction with the Site. In case of significant alterations to these Terms, we will notify you via email or a notice on the Site before the changes take effect. The date of the last revisions will be noted at the top of this page. Given that revised versions hold legal weight, it is advisable to check these Terms regularly. Any amendments will be active once new Terms are posted. Continued use of the Site post-modification signifies your acceptance of the changes.

4. Translation

For your convenience, these Terms might be translated into other languages. However, the English version governs your relationship with Avisa Recovery, and any disparities will be resolved in favor of the English rendition.

5. Eligibility

To access or use the Site, you must be at least 18 years old and possess the necessary authority to agree to these Terms. You are prohibited from accessing or using the Site if you are our competitor or if your prior access has been restricted or your account terminated.

6. Site Utilization Authorization

You are granted permission to use the Site subject to the constraints in these Terms. Your usage of the Site involves inherent risks, including potential exposure to offensive, indecent, inaccurate, objectionable, or unsuitable Content.

7. Site Accessibility

We retain the right to modify, update, suspend, interrupt, or terminate the Site’s availability without prior notice or liability.

8.Correspondence from Avisa Recovery and Users

Upon creating an account, you consent to receiving specific communications linked to the Site. This includes friend requests or compliments from other Users. Additionally, you will receive our weekly neighborhood-centric email newsletter. Opting out of non-essential communications is possible.

9a. Accountability for Your Content

Solely you are answerable for Your Content, which becomes irreversible upon publication. You assume all associated risks, including reliance on its accuracy, quality, or personal identifiability. You assert that you possess the right to use Your Content as outlined here. You may not insinuate that Avisa Recovery sponsors or endorses Your Content. Liability could arise if Your Content Including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

9b. Our Usage Rights for Your Content

We hold the right to use Your Content in various ways, including display, reformatting, incorporation into advertisements, creation of derivative works, promotion, distribution, and allowing similar use on other websites or platforms (“Other Media”). Thus, you grant us transferable, sublicensable, royalty-free, non-exclusive, perpetual rights to use Your Content. Users of the Site and Other Media are also granted the right to access Your Content in connection with their use. Any moral rights claims related to Your Content are waived against Avisa Recovery. “Use” entails reproduction, distribution, modification, translation, analysis, commercialization, and preparation of derivative works.

10. Ownership

Between you and Avisa Recovery, you possess ownership of Your Content. We retain ownership of Avisa Recovery Content, including visual elements, graphics, design, compilation, computer code, aggregate review ratings, and all Site components excluding Your Content, User Content, and Third Party Content. The copyrights, trademarks, service marks, and other intellectual property rights linked to Avisa Recovery Content and the Site are owned by us and protected by relevant laws. Unauthorized exploitation of Avisa Recovery Content is prohibited. Our grant to you is limited to these Terms, and we maintain all rights to the Site and Avisa Recovery Content, unless otherwise stipulated.

11. Advertising

Avisa Recovery and its authorized partners have the right to publicly display advertisements and other content alongside or within Your Content. Compensation for such advertisements will not be provided, and the specifics of these advertisements, including their format and extent, can change without prior notice.

12. Other

User Content, which might also include content produced by individuals employed or contracted by Avisa Recovery, does not necessarily reflect the viewpoint of Avisa Recovery. We maintain the sole discretion to periodically remove, screen, edit, or restore User Content for any reason or without notification. This may include the removal of content that breaches our Content Guidelines. There is no obligation on our part to retain or furnish copies of Your Content, and we cannot assure confidentiality for Your Content.

13. Restrictions

We hold no obligation to enforce the Terms on your behalf against another user. While we encourage you to notify us of any suspicions regarding a user’s breach of the Terms, we retain the right to examine the matter and take suitable action at our sole discretion. You commit to refraining from, and abstain from aiding, encouraging, or enabling others to employ the Site for the following purposes:
    • Breaching our Content Guidelines, such as by crafting false or defamatory reviews, engaging in review exchanges with other businesses, or receiving compensation to write or delete a review.
    • Violating the rights of any third party, including confidentiality breaches, copyright infringements, trademark violations, patent breaches, trade secret disclosures, moral rights violations, invasions of privacy, infringements upon the right of publicity, or any other infringements on intellectual property or proprietary rights.
    • Engaging in threats, stalking, harm, harassment, or the promotion of bigotry or discrimination.
    • Advertising a business or any commercial undertaking or event, or utilizing the Site for commercial purposes, except within the scope of a Business Account and as explicitly authorized by Avisa Recovery.
    • Disseminating mass emails, surveys, or other widespread communications, whether commercial or not; practicing keyword spamming; or attempting to manipulate the Site’s search results or those of any third-party website.
    • Soliciting personal information from minors or transmitting explicit content.
    • Contravening any applicable laws.
Additionally, you undertake not to, and shall abstain from assisting, encouraging, or enabling others to:
  • Modify, adjust, replicate, circulate, translate, create derivative works of, publicly exhibit, vend, trade, or exploit the Site or Site Content (excluding Your Content), unless explicitly permitted by Avisa Recovery.
  • Employ any automated means, such as robots, spiders, or site search/retrieval applications, to access, retrieve, scrape, or index any part of the Site or Site Content.
  • Engage in reverse engineering of any portion of the Site
  • Erase or revise any copyright, trademark, or other notices of proprietary rights present on any segment of the Site or on any printed/copied materials from the Site
  • Collect, process, or extract information about other users.
  • Access, retrieve, or index any part of the Site to build a searchable database of business reviews.
  • Reformat or frame any part of the Site.
  • Take actions that may unreasonably burden Avisa Recovery’s technological infrastructure or excessively strain the Site’s resources, as determined at our sole discretion.
  • Attempt unauthorized access to the Site, user accounts, computer systems, or connected networks via hacking, password extraction, or other means.
  • Use the Site or Site Content to transmit malicious software, worms, defects, Trojan horses, or other destructive elements collectively referred to as “Viruses.”
  • Utilize devices, software, or routines that disrupt the proper functioning of the Site, or otherwise interfere with its functionality.
  • Exploit the Site to compromise the security of any computer network, decode passwords, or encryption codes, or cause harm to the Site or Site Content
  • Remove, evade, disable, impair, or otherwise tamper with any security-related features of the Site, features that restrict the use or replication of Site Content, or features that impose limitations on Site use.
These restrictions are subject to the extent permitted by relevant laws. Nonetheless, you agree not to act contrary to them (even if permissible under applicable law) without supplying written notice to us at least 30 days prior, along with any requisite information to enable us to consider alternative remedies or accommodations at our sole discretion.

14. Content Guidelines

By using the Site, you confirm that you have comprehended and acknowledged our Content Guidelines.

15. Privacy

Kindly confirm your understanding of our Privacy Policy. It’s important to note that we might share your information with third parties if we genuinely believe that such sharing is reasonably essential to: (1) Address suspected unlawful activities. (2) Uphold and implement our Terms and Privacy Policy. (3) Abide by legal proceedings or government inquiries, such as search warrants, subpoenas, statutes, legal proceedings, or other official processes issued to us. (4) Safeguard our rights, reputation, property, as well as those of our users, partners, or the general public. Should you utilize the Site beyond the borders of the United States, you implicitly agree to the transfer and processing of your personal data in the United States.

16. Copyright And Trademark Disputes

For information concerning copyright and trademark disputes, please refer to our Infringement Policy.

17. Events

Details about events listed on or linked to the Site can be found in our Event Terms and Conditions, which you are expected to have read and understood.

18. Avisa Recovery Deals & Advertising

Purchasing a Avisa Recovery Deal or Gift Certificate subjects you to the Avisa Recovery General Terms for Deals and Certificates. Review these terms before each purchase, as they may change. In the event of any inconsistency between these Terms and the Avisa Recovery General Terms for Deals and Certificates, the latter will prevail. Likewise, if you create a business owner’s account or purchase advertising from Avisa Recovery, the Avisa Recovery Advertising Agreement will apply, taking precedence over any conflicting provisions in these Terms.

19. Suggestions and Improvements

When you provide us with ideas, suggestions, documents, or proposals (“Feedback”), you acknowledge that the Feedback doesn’t contain third-party confidential information. We have no obligation of confidentiality regarding the Feedback, and we may already be considering similar ideas. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, and distribute the Feedback, and you waive any moral rights claims against Avisa Recovery and its users.

20. Third Parties

The Site may include links to Third Party Sites. We neither control nor endorse these sites and bear no responsibility for their availability or content. Using Third Party Sites is at your own risk. Certain services on the Site may be subject to additional third-party licensing terms and disclosures, as specified and incorporated by reference.

21. Indemnification Clause

By accessing and using the Site, you agree to indemnify, defend, and hold harmless Avisa Recovery, including its parent, subsidiary, and affiliated companies, as well as related entities, suppliers, licensors, partners, officers, directors, employees, agents, and representatives (collectively referred to as “Avisa Recovery Entities”). This indemnification covers all costs, liabilities, and legal fees resulting from claims or demands made by third parties arising from (i) your use of the Site, (ii) your breach of the Terms, (iii) any products or services obtained through the Site, or (iv) any infringement of intellectual property or other rights by you or any third party using your account. Avisa Recovery reserves the right to take control of the defense of such matters, and you agree to cooperate. Settlement of any claim requires prior written consent from Avisa Recovery. You will be informed of any such claims as soon as they come to Avisa Recovery’s attention.

22. Exclusions and Limits of Liability

Please read this section thoroughly, as it outlines the limitations of liability for the Avisa Recovery Entities. The following subsections are applicable to the maximum extent allowed by law. If there’s uncertainty, it’s advised to consult a legal professional before using the Site. By using the Site, you confirm that you’ve read, comprehended, and agreed to these terms, including this section. Your agreement implies that you’re relinquishing significant legal rights. The Site is provided on an “as is,” “with all faults,” and “as available” basis, understanding that the Avisa Recovery Entities may not oversee, manage, or evaluate user-generated content. Thus, your use of the Site is at your own discretion and risk. The Avisa Recovery Entities don’t assert any claims or guarantees regarding the Site’s quality, accuracy, safety, security, or content. As a result, they are not liable for any losses or damages that might arise from the Site’s malfunction, unavailability, security vulnerabilities, or reliance on business listings, ratings, reviews, metrics, or filters available on the Site. Furthermore, the Avisa Recovery Entities make no claims or assurances about third parties, including businesses, advertisers, or users on the Site. Consequently, the Avisa Recovery Entities are not accountable for any losses or damages resulting from their actions or omissions, such as the misuse of your content, identity, or personal information by another user or business, or negative experiences with listed businesses or advertisers. Any engagement with third-party products or services through the Site is entirely at your discretion and risk. The Avisa Recovery Entities explicitly disclaim all warranties, whether expressed or implied, covering products or services offered by businesses listed on the Site, as well as implied warranties of merchantability, fitness for a specific purpose, and non-infringement. No oral or written information or advice from a Avisa Recovery representative establishes a representation or warranty. Your sole remedy for dissatisfaction with the Site, related services, or any grievances is to terminate your access to or use of the Site. The total combined liability of the Avisa Recovery Entities for losses or damages linked to the Site or these terms is limited to the greater of (i) the amount you paid, if any, to the Avisa Recovery Entities in the 12 months prior to the incident causing liability, or (ii) $100. The Avisa Recovery Entities renounce liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.

23. Governing Law and Venue

These Terms will be governed by the laws of New Jersey, including any claims or disputes between you and Avisa Recovery (a “Claim”), irrespective of conflict of law principles. Both parties agree to the exclusive jurisdiction and venue of the state and federal courts located in Ocean County, New Jersey, for any claim brought forward by either party.

24. Termination

You can terminate these Terms by closing your account, discontinuing Site usage, and notifying Avisa Recovery of your termination. The Privacy Policy explains how your account information is handled upon termination. Avisa Recovery holds the authority to close your account, suspend Site access, or ban you from the Site at its discretion, with or without cause and without notice or liability. These actions could hinder your access to your account, the Site, your content, and related information. If these Terms are terminated, either by you or Avisa Recovery, Sections 1, 5, 6, and 10 – 14 will remain valid and effective, including the stipulations about using your content in Section 5.

25. General Provisions

Avisa Recovery retains the right to modify, update, or terminate the Site at its sole discretion, without notice or liability, for any reason. Notices about changes to the Terms may be delivered via email, regular mail, or through the Site. Apart from Section 10, no provisions herein intend to grant rights or remedies to third parties. These Terms constitute the entire agreement about Site use between you and Avisa Recovery, supplanting any previous agreement. Both parties acknowledge that they don’t rely on representations not explicitly mentioned in these Terms. Failure by Avisa Recovery to enforce any right or provision in these Terms doesn’t waive that right or provision. If any provision is deemed unenforceable, it will be modified to reflect the parties’ intent or removed to the extent required for the Terms to remain enforceable. The Terms and associated rights or obligations are not transferable by you but may be assigned by Avisa Recovery. Any attempted assignment by you is void. Section titles in the Terms are solely for convenience and have no legal effect.

26. Protection of Health Information

This notice outlines the usage and disclosure of your medical information and how you can access it. Review it attentively.

Your Rights

  • In matters concerning your health data, specific entitlements are afforded to you. This segment elucidates these entitlements and a selection of our duties aimed at assisting you.”
Obtain Your Medical Records: Digital or Physical Copies Available
  • Easily access your medical records and other pertinent health data in either electronic or paper format. Reach out to us to learn the simple procedure.
  • Upon your inquiry, we’ll promptly furnish you with a complete copy or a concise overview of your health details, typically within a month. A reasonable, cost-based fee might apply.
Request Medical Record Corrections
  • Feel free to request revisions to your medical records if you believe there are inaccuracies or omissions. Our guidance will assist you in initiating this process effectively.
  • While we retain the right to decline requests, we are committed to providing transparent explanations in writing within a 60-day period.
Ensure Private Communication
  • You have the option to request confidential communication preferences. Feel free to specify your desired method of contact, such as your home or office phone, or request mail delivery to an alternate address.
  • We are committed to accommodating all reasonable requests.
Feel free to request restrictions on information usage
  • You have the option to request limitations on the utilization or disclosure of specific health details concerning treatment, payment, or our administrative procedures.Please note that we’re not obligated to comply with every request, as denying it could impact your medical treatment
  • Should you personally cover the entire cost of a service or healthcare product, you possess the right to ask us to withhold that information from being shared with your health insurance provider, specifically for payment or operational motives.We will generally grant your request, unless legal obligations necessitate the sharing of such information.
Obtain a Record of Recipients for Whom We’ve Shared Data
  • Easily request an inventory (statement) detailing instances of your medical data sharing up to six years preceding your inquiry. This record outlines the recipients, along with the purpose behind each sharing occurrence.
  • Comprehensive information on disclosures will be encompassed, except those concerning medical treatment, financial transactions, operational healthcare activities, and specific other divulgences (including those you explicitly requested). While we offer an annual free disclosure summary, please note that an equitable, expense-dependent charge will apply for any additional requests within a 12-month timeframe.
Obtain a Duplicate of this Privacy Statement
  • Feel free to request a physical version of this statement whenever you wish, regardless of whether you’ve consented to receiving it electronically. We will swiftly furnish you with a paper copy upon your request.
Selecting a Representative for Decision-Making
  • In instances where you have designated an individual with medical power of attorney or someone serving as your legal guardian, that appointed person holds the capability to make decisions regarding your health data on your behalf.
  • Prior to initiating any measures, we will verify their authorization and ability to represent you effectively.
Lodge a Grievance if Your Rights are Infringed
  • Should you believe that your rights have been encroached upon, you have the right to register a grievance. Get in touch with us through the details provided on the first page for lodging your complaint.
  • If you think that your rights have been violated, you have the option to submit a complaint to the U.S. Department of Health and Human Services Office for Civil Rights. This can be done by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or by visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  • Should you hold apprehensions about the safety and/or excellence of care extended by our establishment, please utilize this link to submit a report to the Joint Commission (https://www.jointcommission.org/report_a_complaint.aspx).
  • Rest assured, we will not take any retaliatory actions against you for registering a complaint.

Your Options

When it comes to specific health-related data, you hold the ability to express your preferences regarding the dissemination of this information. Should you possess a clear inclination towards how your information is shared in the scenarios outlined below, don’t hesitate to communicate with us. Let us know your desires, and we will duly adhere to your directives. In these given situations, you retain both the entitlement and the option to instruct us to:
  • Disclose information to your family, close acquaintances, or any other parties engaged in your medical care.
  • Share information during circumstances of disaster relief.
  • Incorporate your details within a hospital directory.
  • Get in touch with you for the purpose of fundraising initiatives.
In scenarios where you are unable to communicate your preferences—such as during unconsciousness—we may proceed with sharing your information if we believe it is in your best interest. Furthermore, we may share your data when necessary to mitigate a grave and imminent risk to health and safety. However, in these instances, we strictly refrain from sharing your data without your explicit written consent:
  • Utilization for marketing objectives.
  • Sale of your information
  • Most forms of sharing psychotherapy notes
In relation to fundraising :
  • While we might reach out to you for fundraising endeavors, you have the prerogative to inform us if you wish to avoid further contact.

Our Uses and Disclosures

  • What are the common methods in which we employ or disclose your health-related data? The customary approaches in which we utilize or reveal your health information encompass the subsequent manners.
Caring for Your Well-being
  • We have the capability to utilize your medical data and exchange it with fellow experts involved in your care.
Illustration: If a physician is addressing an injury you’ve sustained, they might consult another medical professional regarding your general health status. Manage Our Institution
  • We have the capability to utilize and exchange your medical data to effectively oversee our establishment, enhance the quality of your treatment, and communicate with you as required.
Illustration: Your health information is employed to administer your medical procedures and optimize the services you receive. Invoicing for Your Services
  • Our ability to utilize and exchange your health-related data facilitates the billing and receipt of payments from health schemes or comparable establishments.
Illustration: We furnish your details to your health coverage scheme to ensure the settlement of expenses for the services you’ve received. In what other ways might we utilize or disclose your health-related data? We are authorized or obligated to divulge your information through alternate means, often with the intention of benefiting the greater public, including areas like public health and research. There exist various legal prerequisites that must be satisfied prior to sharing your data for such intentions. For further details, please visit: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html. Assistance for Matters of Public Health and Safety
  • Our support extends to matters concerning public health and safety, encompassing:
    • Disease prevention
    • Assistance in cases of product recalls
    • Documentation of negative responses to medications
    • Notification of potential abuse, negligence, or domestic violence
    • Mitigation of substantial risks to individual or collective health and safety
Conducting Research
  • Our capacity involves utilizing and potentially disclosing your data for the purpose of health-related research.
Ensure Legal Compliance
  • We are committed to adhering to legal mandates. In accordance with state and federal regulations, we will disclose your information as necessary, even to the Department of Health and Human Services to demonstrate our alignment with federal privacy regulations.
Addressing Organ and Tissue Donation Appeals
  • We have the capability to provide your health details to organ procurement organizations upon requests regarding organ and tissue donation
Collaborate with a medical examiner or funeral professional
  • Our ability to exchange health information with a coroner, medical examiner, or funeral director comes into play in the unfortunate event of an individual’s passing.
Addressing Workers’ Compensation, Law Enforcement, and Government Inquiries
  • Our ability to utilize or disclose your health information includes:
  • In relation to workers’ compensation claims
  • In conjunction with law enforcement objectives or when dealing with a law enforcement representative
  • Sharing with health oversight organizations as mandated by legal provisions
  • Involvement in distinct governmental operations like military, national security, and services for presidential protection
Addressing Lawsuits and Legal Proceedings
  • Our ability involves disclosing your health-related data when compelled by a court or administrative mandate, or when presented with a subpoena.

Our Obligations

  • As mandated by law, we are entrusted with upholding the confidentiality and safeguarding the security of your safeguarded health data.
  • In the event of a breach that might have imperiled the confidentiality or security of your data, we will promptly notify you.
  • We are obligated to adhere to the responsibilities and privacy procedures outlined in this notification, and a copy of this will be furnished to you.
  • Except as outlined herein, we will refrain from utilizing or disclosing your information; your written consent is required for any deviations. You maintain the right to modify your decision at any point by notifying us in writing.
Further details can be found at: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html, for more information.